Hello guys! Long time lurker here. The board helped me immensely and just a month ago I received my COPR.
I have a problem, however, as my girlfriend of over 5 years could not be counted as common law, as we haven't been living together without long interruptions, while at the same time I am worrying we will not be able to disprove it if CIC thinks we were common law during my PR process if I want to sponsor her through family class in the future. My situation is a little peculiar, but I want everything to be according to the rules while trying to figure out the best course of action to make it possible for us to stay together.
The situation is like this:
1. Me and my girlfriend were together for 4 years in Poland but lived separately.
2. We applied for IEC together, got in and lived together in Canada for 12 months on temporary work permits. During the first months of the stay I applied for PR under the Skilled Worker category as single (no common law status at that time) and got ITA through express entry. I completed all my documentation for ITA and submitted application as single. While waiting for it being processed, technically on the last day of our stay in Canada we briefly reached the common law status as defined by CIC - we had lived together for a year and a day or two.
3. However, the day after we came back to Poland and lived separately for 2 months, which technically broke that status. We would have no documents to prove we lived together as we stayed in our separate family homes. During that time I received my COPR as single. We did not have common law status that I could prove to change the application to include her as we had lived apart for almost 2 months at that point already.
4. We left Poland and lived together in Thailand for 2 months.
5. We left Thailand to Poland again where we lived separately for 3 months, as there was no way to live together - we stayed at our separate family homes.
6. Soon I am about to depart for Canada in order to land and claim my PR - as single, as we are not in common law status due to the long breaks, which according to my understanding broke the common law status and I cannot include her in my application.
7. We want to live together, so she will join me on a study permit to study and live with me in Canada, but she will not be able to work.
The original plan for us now is to land and claim my PR, live together for 12 months and then sponsor her for PR. I am afraid that many things might go wrong, thus looking for your guys advice.
Firstly, CIC might find the 12 months we lived together in Canada suspicious and claim common law status during my PR application process and claim misrepresentation as I didn't change my application to include her, but our common law status lasted only for a day, after which we parted for months to live with our families, thus I knew I will not maintain the common law status and will be technically single by the time I land. Should I be worried about this?
Secondly, if everything goes according to plan and I apply for sponsorship after 12 months of living together in Canada, with her on a student visa, will I not have problems proving that we are indeed common law considering the history I mentioned above?
Lastly, is there anything else I can do to make the situation better?
Guys, I could not find a similar situation, I really need help as I feel like I didn't do anything wrong, but my situation might appear shady to CIC and I ended up mildly depressed by the whole thing, as I'm happy about the PR, but want my girlfriend to be with me. I would really appreciate your help. Thanks a lot in advance!
I have a problem, however, as my girlfriend of over 5 years could not be counted as common law, as we haven't been living together without long interruptions, while at the same time I am worrying we will not be able to disprove it if CIC thinks we were common law during my PR process if I want to sponsor her through family class in the future. My situation is a little peculiar, but I want everything to be according to the rules while trying to figure out the best course of action to make it possible for us to stay together.
The situation is like this:
1. Me and my girlfriend were together for 4 years in Poland but lived separately.
2. We applied for IEC together, got in and lived together in Canada for 12 months on temporary work permits. During the first months of the stay I applied for PR under the Skilled Worker category as single (no common law status at that time) and got ITA through express entry. I completed all my documentation for ITA and submitted application as single. While waiting for it being processed, technically on the last day of our stay in Canada we briefly reached the common law status as defined by CIC - we had lived together for a year and a day or two.
3. However, the day after we came back to Poland and lived separately for 2 months, which technically broke that status. We would have no documents to prove we lived together as we stayed in our separate family homes. During that time I received my COPR as single. We did not have common law status that I could prove to change the application to include her as we had lived apart for almost 2 months at that point already.
4. We left Poland and lived together in Thailand for 2 months.
5. We left Thailand to Poland again where we lived separately for 3 months, as there was no way to live together - we stayed at our separate family homes.
6. Soon I am about to depart for Canada in order to land and claim my PR - as single, as we are not in common law status due to the long breaks, which according to my understanding broke the common law status and I cannot include her in my application.
7. We want to live together, so she will join me on a study permit to study and live with me in Canada, but she will not be able to work.
The original plan for us now is to land and claim my PR, live together for 12 months and then sponsor her for PR. I am afraid that many things might go wrong, thus looking for your guys advice.
Firstly, CIC might find the 12 months we lived together in Canada suspicious and claim common law status during my PR application process and claim misrepresentation as I didn't change my application to include her, but our common law status lasted only for a day, after which we parted for months to live with our families, thus I knew I will not maintain the common law status and will be technically single by the time I land. Should I be worried about this?
Secondly, if everything goes according to plan and I apply for sponsorship after 12 months of living together in Canada, with her on a student visa, will I not have problems proving that we are indeed common law considering the history I mentioned above?
Lastly, is there anything else I can do to make the situation better?
Guys, I could not find a similar situation, I really need help as I feel like I didn't do anything wrong, but my situation might appear shady to CIC and I ended up mildly depressed by the whole thing, as I'm happy about the PR, but want my girlfriend to be with me. I would really appreciate your help. Thanks a lot in advance!
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